Bengaluru: The accused wife should not be allowed to use the child as a tool to get bail in the court, said Akash Jindal, counsel for Atul Subhash, an automobile company employee, who committed suicide alleging his wife demanded Rs 3 crore for divorce settlement.

The bail matter of the accused wife of Atul Subhash is slated to be heard on January 4 in the Bengaluru court. The bail application from the accused Nikita Singhania was registered on Monday and the counsel for her and other accused argued how and why the bail should not be granted to the accused persons in the case.

The counsel for the Atul Subhash family further stated, “The criminal nature is accumulating to this procedure and she can’t take advantage of the child and we have sought total custody of the child.”

“Our stand was that the crime, which they have committed is very heinous, additionally we have filed a habeas corpus petition before the Supreme Court where the court has passed directions to the three states UP, Karnataka and Haryana for ascertaining the whereabouts of the kid and once the child is found, accordingly will pass directions for considering the custody of the kid,” he said.

“Why the 4-year-old child was staying away from his mother and he was in the hostel? The grandparents are worried about the grandkid,” he said.

Pavan Kumar Modi, the father of Atul Subhash, stated that the family is worried about the safety of Atul’s child. If the court grants bail to Atul’s wife, she can attack the child and endanger his life. “If she can drive my son to commit suicide, she can also do the same to the kid as well,” he added.

“My grandson was ATM to her. She got money on the pretext of taking care of him. She approached the High Court demanding Rs 20,000 to Rs 40,000. She went on to appeal for Rs 80,000. Even after this, she went on demanding more money. Hence, we have approached the Supreme Court for the custody of the child as he is safe with us,” he stated.

Bikas Kumar, brother of Atul Subhash, stated that the family is happy about the investigation by the police department. “The police supported us and we have fulfilled their requirements and they are carrying out the investigation. We have to get custody of the child and we have informed our advocate about this. The matter is before the Supreme Court,” he added.

When asked about the child’s whereabouts, he said that they do not know about the whereabouts of Atul’s son. “We are waiting for the January 7 hearing in the Supreme Court in this regard,” he stated.

Subhash, who was working with an automobile company in Bengaluru, allegedly committed suicide as a demand of Rs 3 crore was made for a divorce settlement. He ended his life at his apartment in the early hours of December 9, leaving behind a 90-minute video and a 40-page death note, explaining how harassment by his wife Nikita Singhania and her family forced him to take the extreme step.

Three accused in Atul Subhash’s suicide case — his wife, her mother and brother — who were arrested by Bengaluru Police, were sent to 14-day judicial custody.

The police registered an FIR against the accused persons under Sections 108, 3 (5) of the Bharatiya Nyay Sanhita (BNS) on December 9. Bikas Kumar had lodged a police complaint alleging abetment to suicide with the Marathahalli police in Bengaluru.

Bikas Kumar alleged in the complaint that false cases were lodged against his brother (Atul) by the accused, demanding Rs 3 crore to settle the case. He had also alleged that his brother was taunted in the court during the proceedings that he had to either give Rs 3 crore or commit suicide.

Nikita’s family had alleged that the deceased Subhash demanded a hefty dowry from her family which resulted in the death of her father.